- The domain name, Website and the App are owned, registered and operated by Nair and Pereira Private Limited, a company registered under the Companies Act, 2013 and having its registered office at House No. 525, 4th Cross Road, 9th Main, Opposite Indiranagar Club Exit Gate, HAL 2nd Stage, Bangalore-560038, Karnataka (hereinafter referred to as “Hubo” or “us” or “we” or “our” or the “Company”).
- The Platform is an online platform that permits and facilitates the users to upload videos and/or photographs on the Platform. Such content uploaded through the use of the Platform shall hereinafter be referred to as "User Content".
- You hereby agree and acknowledge that Hubo shall have the right at any time to change or discontinue any aspect or feature of the Platform, hours of availability and equipment needed for access or use. Further, Hubo may discontinue disseminating any portion of information or category of information that may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Hubo reserves the right to refuse access to the Platform, terminate user accounts, remove or edit contents without any notice to you.
The User Account
- In order to access some of the features of the Platform, you may have to create your account with Hubo. You agree and confirm that you will not use another user’s account nor provide access to your account to any third party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You shall notify Hubo immediately of any breach of security or unauthorized use of your account. At no point in time will Hubo, or its employees, directors, agents, representatives be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to Hubo or others due to such unauthorized use if any.
- Hubo takes no responsibility for any User Content that is uploaded on the Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the services provided herein.
Access, Permissions and Restrictions:
- you agree not to distribute in any medium any part of the Platform or the content without Hubo’s prior written authorization;
- you agree not to alter or modify any part of the Platform;
- you agree not to access the content of any other user through any technology or means other than the video playback pages of the Platform itself; and
- you agree not to use the Platform for any of the following commercial uses unless you obtain Hubo’s prior written approval:
- the sale of access to the Platform;
- the sale of advertising, sponsorships, or promotions placed on or within the Platform or content; or
- the sale of advertising, sponsorships, or promotions on any page or website that provide a similar Platform as that of Hubo.
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the User Content:
- User Content utilized on the Platform which shall include but not be limited to trademarks, service marks and logos (“Marks”), processes, images, software, graphics are owned by or licensed to Hubo and subject to copyright and other intellectual property rights under the law.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Platform or the User Content therein.
- You understand that when using the Platform, you will be exposed to User Content from a variety of sources and by different users and that Hubo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hubo with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Hubo, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Platform.
Content and Conduct:
- As a user, you may submit User Content on the Platform, including videos, photographs and user comments. You understand that Hubo does not guarantee any confidentiality with respect to any User Content you submit.
- For clarity, while you may retain your ownership rights in your User Content by submitting User Content to Hubo, you hereby grant Hubo, in perpetuity, an unlimited, worldwide, exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, sell, display, exploit, publish, make available online or electronically transmit, the User Content in connection with the Platform and Hubo’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Platform in any media formats and through any media channels. You also hereby grant each user of the Platform a limited, non-exclusive license to access your User Content through the Platform. The above licenses granted by you in the User Content you submit to the Platform will terminate within a commercially reasonable time after you request Hubo to remove or delete your videos/photographs from the Platform, provided you pay the mutually agreed amount that Hubo incurred in providing the Platform to you. You understand and agree, however, that Hubo may retain, but not display, distribute, or perform, server copies of your videos/photographs that have been removed or deleted. The above licenses granted by you in user comments and testimonials you submit are perpetual and irrevocable.
- You agree that any User Content uploaded on the Platform, will not be republished, sold, transferred, licensed, sub-incised, reproduced, assigned, duplicated, redistributed to any third party without the express written consent of Hubo.
- You further agree that User Content you submit on the Platform will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Hubo all of the license rights granted herein.
- Furthermore, you confirm that the User Content uploaded by you is not:
- false, inaccurate or misleading;
- infringing any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- violating any law, statute, ordinance or regulation;
- defamatory, unlawfully threatening or unlawfully harassing;
- obscene or contain pornography.
- containing any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- you are authorised and entitled to post comments on the Platform and have all necessary licenses, approvals, permits and consents to do so;
- the comments do not infringe any intellectual property rights, including without limitation copyright, patent or trademark of any third party;
- the Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of any person’s privacy; or
- the Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
Intellectual Property Right
- The Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Platform is owned and controlled by Hubo and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned herein-above is protected by copyright, patent and trademark laws and various other national and international intellectual property laws and regulations. For clarity, content in the above sentence may also include User Content.
- Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, Hubo owns all the intellectual property to and into the trademark “Hubo” and the Platform.
- The mark “Hubo” and “www.hubofitness.com” is the sole property of Hubo. Reproduction in whole or in part of the same is strictly prohibited unless used with express written permission from Hubo.
Hyperlinking to our Platform
- The following organizations may link to our Platform, without prior written approval:
- Government agencies;
- search engines;
- news organizations;
- online directory distributors may link to our Platform in the same manner as they hyperlink to the Websites of other listed businesses; and
- system-wide accredited businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups, which may not hyperlink to our Platform.
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- online directory distributors;
- internet portals; and
- accounting and consulting firms.
- by use of our corporate name; or
- by use of the uniform resource locator being linked to; or
- by use of any other description of our Platform being linked which makes sense within the context and format of content on the linking party’s site.
- When you visit Platform or send an email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on the Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Termination of Account
- Hubo hereby reserves the right to terminate a user's access to the Platform, if:
- the user is deemed to be a copyright infringer;
- the user is found to be in violation of any applicable laws;
- your use of the Platform disrupts our business operations or affects any other party/ user; or
- you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against Hubo.
Effects of Termination
- In case any of the above-mentioned cases occur, Hubo reserves the right, in its sole discretion, to terminate or suspend the user’s account with immediate effect. Upon suspension or termination of the User’s account:
- Hubo shall at its sole discretion withhold or stop any and all payments that are to be made to such user (if any) and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not the subject matter of any violation or dispute;
- payments shall not be made for the work that is the subject matter of any of the breaches;
- user access shall be terminated immediately, and the user shall not be able to access the said terminated account.
- Hubo operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
- As part of Hubo 's copyright policy, Hubo will terminate user access to the Platform if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
- If you believe that your work has been copied in a way that constitutes copyright infringement, please make a claim of copyright infringement as per the provisions of the Indian Copyright Act, 1952, read with the Information Technology Act of 2000.
- Our standard policy to deal with copyright infringements is as follows:
We follow a 3 (three) strike policy. Three instances brought to our notice that is provided with all required supporting information will lead to the user getting banned from the Platform. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked. The detailed process is as under:
- The first case of violation - The infringing User Content will be taken down and the user is given a warning and is suspended for a week from accessing the Platform.
- The second case of violation - The user will be suspended from uploading any more User Content on the Platform for a month and all User Content that amounts to copyright violations are brought down immediately.
- Third violation - The user will be banned from the Platform and will be unable to access the Platform in the future.
- You will not without obtaining the prior written consent of Hubo, disclose to a third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Platform.
- For the purpose of this clause, Confidential Information shall include but shall not be limited to employee details, user list, business model, processes, ideas, concepts etc. relating to Hubo or the Platform, which are not available in the public domain. You acknowledge and agree that all Confidential Information so provided to you shall at all times be the property of Hubo and any breach of the same shall cause irreparable damage to us.
- YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HUBO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, HUBO HEREBY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. HUBO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HUBO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HUBO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HUBO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT HUBO SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE PLATFORM IS CONTROLLED AND OFFERED BY HUBO FROM ITS FACILITIES IN INDIA. HUBO MAKES NO REPRESENTATIONS THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OR JURISDICTIONS APART FROM INDIA. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO OF THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL APPLICABLE LAWS.
Eligibility to Use and Acceptance of the Terms and Conditions
- Hubo reserves the right to refuse access to use the Platforms to any users or to suspend and/or terminate access granted to existing registered users at any time without according any reason for doing so.
- Hubo, shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the it's control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, pandemic, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Information Technology Act
- You are advised not to post any information or messages that are, or that may be construed, as being malicious, defamatory, inappropriate, slanderous, pornographic or otherwise sexually-oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in a public forum. Your failure to comply with these terms may result in the removal of your postings without prior notice to the User. The IP address of all posts is recorded to aid in enforcing these conditions.
Governing Law and Jurisdiction
Modification, Amendment or Termination
Severability and Miscellaneous
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
To the Grievance Officer:
Name: Midhun Lal
Phone Number: +91 98957 04223
Email ID: firstname.lastname@example.org